Attachment I

Newly Constructed Facilities

Please Note: Paragraph 33 of the Settlement Agreement requires that within 12 months of the effective date of this Agreement, the City will provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

In order to ensure that the following spaces and elements in the City of Memphis, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the following actions:

1. Within 24 months of the effective date of this Agreement, the City will complete the following modifications to the North Branch Library, located at 1192 Vollintine Avenue, Memphis, TN:

A. Parking space – there are 31 parking spaces, of which two are standard accessible parking spaces.

1) The parking reserved for persons with disabilities is inaccessible because none of the access aisles are wide enough to be van-accessible. Provide one van accessible space that is a minimum of 96 inches wide and served by an access aisles at least 96 inches wide. Standards §§ 4.1.2(5)(b), 4.6.3, Fig.9.

2) The van accessible parking reserved for persons with disabilities lacks the appropriate signage. At van accessible spaces, provide a “Van-Accessible” sign located below the International Symbol of Accessibility such that the sign cannot be obstructed by vehicles parked in the space. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).

B. Signage:

1) The signage provided throughout the facility is inaccessible because the permanent room identification signs are mounted on the doors. Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.2(7), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

C. Women’s Toilet Room with Stalls

1) The toilet room sign is inaccessible because it is mounted with its centerline at 62 inches above the finished floor, and is not mounted on the latch side of the door. Provide a toilet room sign with raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

2) The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

3) Designated accessible toilet stall:

a) The toilet is inaccessible because the top of the seat is 20.5 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.3, 4.17.2, Fig. 30(d).

b) No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

D. Men’s Toilet Room with Stalls

1) The toilet room sign is inaccessible because it is mounted with its centerline at 62 inches, and is not mounted on the latch side of the door. Provide a toilet room sign with raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

2) The door to the Men’s Toilet Room with Stalls is inaccessible because the pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

3) The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

4) Designated accessible toilet stall:

a) The toilet is inaccessible because the top of the seat is 20.75 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.3, 4.17.2, Fig. 30(d).

b) The toilet is inaccessible because its centerline measures 17.25 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.^[1]

c) No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

d) The toilet paper dispenser is inaccessible because its centerline is 45 inches from the rear wall. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

E. Drinking Fountain

1) The wall-mounted drinking fountain is inaccessible because the fountain knee space is only 26.5 inches wide. Provide a drinking fountain with clear knee space between the bottom of the apron and the finished floor or ground of at least 27 inches high, 30 inches wide, and 17 to 19 inches deep; and a minimum clear floor space of 30 inches by 48 inches to allow a person in a wheelchair to approach the unit facing forward. Standards §§ 4.1.3(10), 4.15.5(1), Figs. 27(a), (b).

2) Although a low drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping. Provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a “hi-lo” fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people. Standards § 4.1.3(10)(a).

2. Within 24 months of the effective date of this Agreement, the City will complete the following modifications to the Chester Anderson Fire Training Campus, located at 4341 O.K. Robertson Road, Memphis, TN:

A. Parking lot

1) Although the parking lot has a total of 168 parking spaces, an inadequate number are van accessible. On the shortest accessible route to the accessible entrance, provide 1 van accessible space a minimum of 96 inches wide, served by access aisles at least 96 inches wide, with vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles, and with an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).

B. Although a low drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping. Provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a “hi-lo” fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people. Standards § 4.1.3(10)(a).

C. Toilet rooms with stalls off main lobby – Men’s and Women’s

1) The lavatory in each toilet room is inaccessible because the rim height is 35 inches high, while the apron height is 28 inches high. Provide a lavatory in each toilet room with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31. Standards §§ 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.

2) The toilet in each toilet room is inaccessible because the top of the seat is 21 inches above the finished floor in the men’s toilet room, and 20.5 inches in the women’s toilet room. Provide a toilet in each toilet room with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.3, 4.17.2, Fig. 30(d).

3) The toilet seat cover dispenser in each toilet room is inaccessible because the controls are mounted at 60 inches above the finished floor. Provide a toilet seat cover dispenser in each toilet room with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

D. Toilet rooms with stalls near classrooms – Men’s and Women’s

1) The Men’s and Women’s toilet rooms contain a number of inaccessible elements and are not accessible to people with disabilities. Provide an accessible toilet room for each gender such that all of the room’s elements, including signage, door, door hardware, clear floor space, water closet, stall size and arrangement, stall door, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.18, 4.19, 4.26, 4.27, 4.30, Fig. 30.

E. Staff training locker rooms and showers – Men’s and Women’s

1) The doors to the Men’s and Women’s toilet rooms are inaccessible because the pressure required to open the door is 6 and 12 pounds respectively. Provide a door to each toilet room that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

2) The lavatory in each toilet room is inaccessible because the rim height is 34.75 and 35 inches high in the Women’s and Men’s toilet rooms, respectively. Provide a lavatory in each toilet room with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31. Standards §§ 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.

3) The toilet in each toilet room is inaccessible because the top of the seat is 20 inches above the finished floor. Provide a toilet in each toilet room with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.3, 4.17.2, Fig. 30(d).

4) (Men’s locker room only) The shower in the Men’s Locker Room is inaccessible because it is 35.25 inches by 36 inches. Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards § 4.21, Figs. 35, 36, 37. Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

5) In each locker room, there is no fixed benches in the dressing area. Provide a 24 inch by 48 inch bench in each toilet room fixed to the wall along the bench’s longer dimension. Ensure that the bench has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor. Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench. Standards §§ 4.1.3(21), 4.35.4, 4.26.3.

6) No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

7) (Men’s locker room only) The shower in the Men’s locker room is inaccessible because it lacks the 12 inch overhang at the transfer seat. Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

F. 1^st floor staff locker rooms

1) Women’s Staff Locker Room

a) The door to the women’s staff locker room is inaccessible because the pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

b) There is no designated accessible standard toilet stall; instead, there is a designated accessible ambulatory toilet stall with 40 inches between partitions, two side grab bars, and a rear grab bar. Provide a “standard” accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

c) Designated accessible transfer shower stall:

(1) The shower in the women’s staff locker room is inaccessible because no shower spray unit is provided, the grab bar is mounted at 36.5 inches above the finished floor, and the shower head is higher than 48 inches above the finished floor. Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

d) The bench in the women’s staff locker room is not fixed, and is not at least 24 inches wide. Provide a 24 inch by 48 inch bench fixed to the wall along the bench’s longer dimension. Ensure that the bench has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor. Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench. Standards §§ 4.1.3(21), 4.35.4, 4.26.3.

2) Men’s Staff Locker Room

a) The door to the men’s staff locker room is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards §§ 4.1.3(7)(b), 4.13.9.

b) The urinal is inaccessible because the rim is mounted 18 inches high. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

c) The toilet paper dispenser is inaccessible because it is mounted less than 19 inches above the floor, and is more than 36 inches from the rear wall. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

d) There is no designated accessible standard toilet stall; instead, there is a designated accessible ambulatory toilet stall with 40 inches between partitions, two side grab bars, and a rear grab bar. Provide a “standard” accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

e) Designated accessible transfer shower stall:

(1) The shower in the men’s staff locker room is inaccessible because the transfer seat does not extend the full depth of the stall, the L-shaped grab bar is mounted at a height of 37 inches, the shower head is mounted at a height of 70 inches and is not adjustable, and the shower stall dimensions are larger than 36 inches wide by 36 inches deep. Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

f) The bench in Men’s Staff Locker Room is not fixed, and is not at least 24 inches wide. Provide a 24 inch by 48 inch bench fixed to the wall along the bench’s longer dimension. Ensure that the bench has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor. Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench. Standards §§ 4.1.3(21), 4.35.4, 4.26.3.

3. Within 24 months of the effective date of this Agreement, the City will complete the following modifications to the Lichterman Nature Center, located at 5992 Quince Road, Memphis, TN:

A. Parking

1) Although the parking lot has a total of 143 parking spaces with 6 designated accessible spaces, an inadequate number are van accessible. On the shortest accessible route to the accessible entrance, provide 1 van accessible space a minimum of 96 inches wide, served by access aisles at least 96 inches wide, with vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles, and with an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).

2) The parking reserved for persons with disabilities is inaccessible because the access aisles provided are not wide enough. Provide 5 designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Standards §§ 4.1.2(5), 4.6.3, Fig.9.

3) The parking reserved for persons with disabilities lacks appropriate signage. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).

B. Accessible Route

1) The route from the parking spaces without required ramp features reserved for persons with disabilities to the entrance is inaccessible because the slope is 5.3% and the cross slope is 2.9%. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.1.3(1), 4.3, 4.5, Fig. 7.

C. Main Lobby

1) The Ticket Counter at the Main Lobby is inaccessible because it is fixed at 42 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 4.1.1(2), 7.2(2), 4.1.3(1), 4.3.

2) The retail counter at the Gift Shop is inaccessible because it is fixed at 42 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 4.1.1(2), 7.2(2), 4.1.3(1), 4.3.

D. Upper Level Women’s Toilet Room with Stalls

1) The door to the Upper Level women’s toilet room with stalls is inaccessible because the pressure required to open the door is 7 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

2) The toilet is inaccessible because its centerline measures 17 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

3) No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

4) The toilet paper dispenser is inaccessible because it is affixed 37 inches from the rear wall. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

5) The side grab bar at the toilet is inaccessible because it measures only 36 inches long, and its far end is only 49 inches from the rear wall. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Figs. 30(a), (d).

6) The rear grab bar at the toilet is inaccessible because the distance of the closer end is 12 inches from the side wall. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 30.

7) The rear grab bar at the toilet is inaccessible because the water pipe interferes with its use. Provide a rear grab bar that has at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

E. Upper Level Men’s Toilet Room with Stalls

1) The door to the Upper Level men’s toilet room with stalls is inaccessible because the pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

2) The urinal is inaccessible because the urinal rim height is 18 inches, and the flush controls are 47 inches high. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

3) The toilet is inaccessible because the flush control is located on the “closed” side of the stall. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

4) No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

5) The side grab bar at the toilet is inaccessible because it measures only 36 inches long, and the far end measures 49 inches from the rear wall. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Figs. 30(a), (d).

6) The rear grab bar at the toilet is inaccessible because the closer end of the bar is 12 inches from the side wall. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 30.

8) The toilet is inaccessible because the flush control is located on the closed side. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

F. Staff-Only Kitchen

1) The staff-only kitchen is inaccessible because the sink is too high. Provide a sink with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; knee and toe clearances that comply with Fig. 31; hot water and drain pipes covered or otherwise configured to protect against contact; clear floor space at least 30 inches wide and 48 inches deep centered on the sink; and a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.1.3(11), 4.22.6, 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

G. Elevator

1) The elevator is inaccessible because, although emergency communications are provided, they rely upon vocal communication, and there is no way for a person answering an emergency call to ascertain where it originated from. Provide a two-way communication system such that it does not require voice communication, the highest operable part is a maximum of 48 inches above the finished floor of the car, and it is identified by a raised symbol and lettering located adjacent to the device. If the system uses a handset, ensure that the length of the cord from the panel to the handset is at least 29 inches. If the system is located in a closed compartment, ensure that the compartment door hardware operates without tight grasping, pinching or twisting of the wrist. Standards §§ 4.1.3(5), 4.10.14.

H. Lower Level Women’s Toilet Room with Stalls

1) The Lower Level women’s toilet room with stalls is inaccessible because the pressure required to open the door is 10.5 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

2) No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

3) The side grab bar at the toilet is inaccessible because it measures only 36 inches in length, the far end is located 49 inches from the rear wall, and the closer end is 13 inches from the rear wall. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Figs. 30(a), (d).

4) The rear grab bar at the toilet is inaccessible because the closer end measures 13 inches to the side wall. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 30.

5) The door to the stall, which is accessed from the latch side of the door, is inaccessible because it has only 18 inches of maneuvering space on the latch side. On the pull side of the door, provide a path of travel at least 48 inches wide for a side approach and at least 24 inches of clear maneuvering space adjacent to the latch side of the door. Standards §§ 4.1.3(7)(b), 4.13.6, Fig. 25(c).

I. Lower Level Men’s Toilet Room with Stalls

1) The door to the lower level men’s toilet room with stalls is inaccessible because the pressure required to open the door is 11 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

2) The urinal is inaccessible because the urinal rim is 18 inches high and the flush controls are 46.5 inches high. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

3) The toilet is inaccessible because the flush control is located on the closed side of the accessible stall. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

5) The side grab bar at the toilet is inaccessible because it measures only 36 inches in length, the far end is 49 inches from the rear wall, and the closer end is 13 inches from the rear wall. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Figs. 30(a), (d).

6) The rear grab bar at the toilet is inaccessible because the closer end of the rear grab bar is 13 inches from the side wall. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 30.

J. Lower Level Administrative Offices

1) The Service Counter at the Lower Level Administrative Offices is inaccessible because it is 43 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 4.1.1(2), 7.2(2), 4.1.3(1), 4.3.

K. Outdoor Amphitheater

1) The Outdoor Amphitheater containing 125 seats is inaccessible because the wheelchair seating locations lack clear floor space. Provide 4 wheelchair seating areas, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access. Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area. Standards §§ 4.1.3(19)(a), 4.5, 4.33.

L. Special Events Pavilion

1) The Special Events Pavilion is inaccessible because fewer than 5% of the tables available to the general public are accessible. Provide at least one accessible table. Standards § 5.1.

2) Ramp

a) The ramp is inaccessible because there are 2.25 inches between the handrails and the wall, the handrail ends are not rounded and do not return smoothly to the floor, wall or post, and the handrails provide an insufficient gripping surface. Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface and 1½ inches from the wall, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Standards §§ 4.1.2(1), 4.1.2(2), 4.8.5.

M. Special Events Pavilion Men’s Toilet Room with Stalls

1) The door to the men’s toilet room with stall at the Special Events Pavilion is inaccessible because the pressure required to open the door is 9 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

2) The urinal is inaccessible because the urinal rim height measures 18 inches, and the flush control is 45 inches high. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

4) The side grab bar at the toilet is inaccessible because it measures only 36 inches, and the far end is 42 inches from the rear wall. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Figs. 30(a), (d).

5) The rear grab bar at the toilet is inaccessible because the water pipe interferes with its use. Provide a rear grab bar that has at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

N. Special Events Pavilion Women’s Toilet Room with Stalls

1) The door to the toilet room is inaccessible because the pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

2) The toilet is inaccessible because the flush control is located on the closed side. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

4) The side grab bar at the toilet is inaccessible because it measures only 36 inches in length, and the far end is mounted 48 inches from the rear wall. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Figs. 30(a), (d).

O. Special Events Pavilion Drinking Fountain

1) The route near the drinking fountain at the Special Events Pavilion is inaccessible because the fountain is not detectable to a blind person using a cane. Provide a drinking fountain at this location such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway, or provide a cane-detectable barrier to alert blind people to this feature. Standards §§ 4.1.2(3), 4.4.

P. Botanist/Greenhouse

1) The route through the Greenhouse is inaccessible because it is only 22 inches wide. Provide an accessible route through the Greenhouse with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches. Standards §§ 4.1.3(1), 4.3.3, 4.13.5.

Q. Backyard Wildlife Center

1) Women’s Toilet Room with Stalls

a) The toilet room sign is not accessible. Provide a toilet room sign with raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b) The door to the Women’s Toilet Room with Stalls at the Greenhouse is inaccessible because the pressure required to open the door is 13 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

c) The toilet is inaccessible because the top of the seat is 19.5 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.3, 4.17.2, Fig. 30(d).

d) The toilet is inaccessible because its centerline measures 21.5 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

e) No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

f) The toilet paper dispenser is inaccessible because it is mounted 39 inches from the rear wall. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

g) The rear grab bar at the toilet is inaccessible because it measures only 24 inches in length, and the closer end is 26 inches from the side wall. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 30.

h) The grab bars at the toilet are inaccessible because there is a 2-inch space between the rear grab bars and the wall. Provide grab bars such that there is 1½ inches between the grab bar and the wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

i) The rear grab bar at the toilet is inaccessible because the water pipe interferes with its use. Provide a rear grab bar that has at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

2) Men’s Toilet Room with Stalls

b) The door to the Men’s Toilet Room with Stalls in the Greenhouse is inaccessible because the pressure required to open the door is 13 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

c) The urinal is inaccessible because the rim height is 18 inches. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

d) The toilet is inaccessible because the top of the seat is 20 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.3, 4.17.2, Fig. 30(d).

e) The toilet is inaccessible because its centerline measures 21 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

f) No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

g) The rear grab bar at the toilet is inaccessible because it measures only 24 inches in length, and the close end is 26 inches from the side wall. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 30.

h) The grab bars at the toilet are inaccessible because the space between the rear grab bar and the wall is 2 inches. Provide grab bars such that there is 1½ inches between the grab bar and the wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

4. Within 30 months of the effective date of this Agreement, the City will complete the following modifications to the Bert Ferguson Community Center, located at 8505 Trinity Road, Memphis, TN:

A. Exterior Entrance and Doors

1) The interior entrance door is inaccessible because the pressure required to open the door is 16 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

B. Parking

1) The parking reserved for persons with disabilities is inaccessible because the access aisle is steeper than 2% due to the built up curb ramp. Provide designated accessible parking spaces and access aisles that are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, with surfaces that are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.3.6, 4.5.1, 4.6.3.

2) The route from parking spaces designated as reserved for persons with disabilities to the entrance is inaccessible because the curb ramp slopes more than 8.33% at the bottom. Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp. If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic. Standards §§ 4.1.2(1), 4.1.2(2), 4.3.8, 4.7, Fig. 12.

C. Information Kiosk

1) The Information Kiosk is inaccessible because the highest operable part is 59 inches high. Provide an accessible kiosk with the highest operable part no more than 48 inches above the finished floor for a front approach or no more than 54 inches above the finished floor for a side approach. Standards §§ 5.8, 4.2.5, 4.2.6.

D. Drinking Fountain (Main Hallway)

1) The route near the drinking fountain in the Main Hallway, which protrudes 7.5 inches, is inaccessible because the fountain is not detectable to a blind person using a cane. Provide a drinking fountain at this location such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway, or provide a cane-detectable barrier to alert blind people to this feature. Standards §§ 4.1.2(3), 4.4.

E. Women’s Toilet Room with Stalls

1) No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

2) The air dryer in the Women’s Toilet Room with Stalls is inaccessible because the dryer protrudes into the main walkway and is not detectable to a blind person using a cane. Provide an air dryer at this location such that it protrudes no more than 4 inches into the walkway. Standards §§ 4.1.2(3), 4.4.

3) The rear grab bar at the toilet is inaccessible because the air freshener interferes with the use of the rear grab bar. Provide a rear grab bar that has at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

F. Men’s Toilet Room with Stalls

1) No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

G. Women’s Locker Room

1) The signage provided is inaccessible because the sign provided is not on the latch side of the door, and the portion with Braille has partially broken off. Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.2(7), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

2) The shower in the women’s locker room is inaccessible because no shower spray unit is provided and the shower head is higher than 48 inches above the finished floor. Provide a shower in this room that has a shower spray unit with a hose at least 60 inches long that can be used both as a fixed shower head and as a hand-held shower. In unmonitored facilities where vandalism is a consideration, a fixed shower head mounted at 48 inches above the shower floor may be used in lieu of a hand-held shower head. Standards §§ 4.1.3(11), 4.21.6, Fig. 37.

4) The benches in the women’s locker room are inaccessible because they are only 9.5 inches wide, are 16 inches high, and are not affixed to the wall. Provide a 24 inch by 48 inch bench fixed to the wall along the bench’s longer dimension. Ensure that the bench has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor. Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench. Standards §§ 4.1.3(21), 4.35.4, 4.26.3.

5) The lockers are inaccessible because they require tight grasping and pinching to operate. Provide a locker with mechanical controls, if any, that can be operated with 5 lbf or less and that can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.1.3(13), 4.27.4.

H. Men’s Locker Room

1) The signage provided is inaccessible because it is not mounted on the latch side of the door, and provides no Braille characters. Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.2(7), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

2) The shower in the men’s locker room is inaccessible because no shower spray unit is provided and the shower head is higher than 48 inches above the finished floor. Provide a shower in this room that has a shower spray unit with a hose at least 60 inches long that can be used both as a fixed shower head and as a hand-held shower. In unmonitored facilities where vandalism is a consideration, a fixed shower head mounted at 48 inches above the shower floor may be used in lieu of a hand-held shower head. Standards §§ 4.1.3(11), 4.21.6, Fig. 37.

4) The benches in the men’s locker room are 9.5 inches wide, are 16 inches high, and are not affixed to the wall. Provide a 24 inch by 48 inch bench fixed to the wall along the bench’s longer dimension. Ensure that the bench has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor. Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench. Standards §§ 4.1.3(21), 4.35.4, 4.26.3.

I. Multi Purpose Room

1) The computer stations are inaccessible because there is insufficient knee space provided. Provide a computer on a table or counter that has clear floor space that is 30 inches wide and 48 inches deep, knee clearance at least 27 inches high, 30 inches wide, and 19 inches deep, and a writing surface between 28 and 34 inches above the finished floor. Standards §§ 4.1.3(18), 4.2.4.1, 4.32.

J. Meeting Room

1) The Meeting Room is inaccessible to people with hearing impairments because there is no assistive listening system provided. Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide 4% of total seats or a minimum of 2 receivers for use by the general public and signage indicating their availability. 28 C.F.R. § 35.160; Standards §§ 4.1.3(19)(b), 4.30, 4.33.

K. Drinking Fountains near Banquet Hall

1) The route near the hi-lo drinking fountains near the banquet hall is inaccessible because neither the low nor high fountains are not detectable to a blind person using a cane – with the low fountain’s leading edge at 28 inches and protr